AAR

National Academy Study Touts Oil-by-Rail Safety But Supports Weakening Regulations

national academy of sciences sign in Washington, D.C.

A new study by the National Academy of Sciences concludes that the rail industry should do more to improve the safety of transporting oil and ethanol by rail, which includes addressing track safety and rail tank cars. Both of these are well-known safety issues.

However, the study, “Safely Transporting Hazardous Liquids and Gases in a Changing U.S. Energy Landscape,” also cites a separate NAS study “A Review of the Department of Transportation Plan for Analyzing and Testing Electronically Controlled Pneumatic Brakes” and notes that after reviewing available data, the researchers were unable to “make a conclusive statement” on the safety technology known as electronically controlled pneumatic (ECP) brakes.* This is where things get interesting.

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Will New LNG-by-Rail Industry Repeat the Mistakes of Oil Trains?

Over and over again, attendees of the 2016 Energy by Rail Conference heard that “LNG by rail is ready to go!”

LNG, or liquefied natural gas, is methane that has been cooled to the point of being a liquid. So, how do we know that shipping this hazardous flammable material on America's aging rail infrastructure is “ready to go”?

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FBI Advisory: Oil Trains At Risk of "Extremist" Attack, But Lacks "Specific Information" To Verify

A documentmarked “Confidential” and published a year ago today, on July 18, 2014, by the Federal Bureau of Investigation (FBI) concluded that “environmental extremists” could target oil-by-rail routes, as first reported on by McClatchyBut the Bureau also concedes upfront that it lacks “specific information” verifying this hunch.

Rail industry lobbying groups published the one-page FBI Private Sector Advisory as an exhibit to a jointly-submitted August 2014 comment sent to the U.S. Department of Transportation's (DOT), which has proposed “bomb trains” regulations currently under review by the White House Office of Information and Regulatory Affairs (OIRA)

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Rail Industry Fights Speed Limits, Brake Regulation in Quest for Profits

CP Rail train

Earlier this month Hunter Harrison, the CEO of Canadian Pacific told the Globe and Mail that he thought regulators have “overreacted” to the oil-by-rail disaster in Lac-Megantic that killed 47 people. 

Lac-Mégantic happened, in my view, because of one person’s behaviour, if I read the file right,” Harrison said.

As detailed by DeSmogBlog, he didn’t read the file right. The accident was directly related to lack of regulation and the railroads putting profits before safety.

Harrison’s choice of words echoed those of American Petroleum Institute CEO Jack Gerard commenting on the new proposed oil-by-rail regulations when he stated: “Overreacting creates more challenges than safety.” 

Yea, that’s right, according to Big Oil and Big Rail, the biggest threat to the 25 million people living in the bomb train blast zones is the overreaction of regulators.

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Big Rail Cites Bin Laden, Al Qaeda to Fend Off Oil-by-Rail Route Transparency

While many states around the U.S. have released information to the public about the frequency and routes of trains carrying oil obtained from hydraulic fracturing (“fracking”) in North Dakota’s Bakken Shale basin, holdouts still remain. 

Why the delay? Homeland security concerns, claim some companies. 

In an ongoing Maryland court case over the issue of transparency for in-state oil-by-rail routes, a July 23 affidavit from Carl E. Carbaugh — director of infrastructure security for Norfolk Southern — goes into extensive detail about the supposed risk presented by terrorism attacks on “Bomb Trains.” 

In so doing, Carbaugh mentions Al-Qaeda. 

The most recent edition of Inspire magazine, March 2014, the online, English-language propaganda publication of [Al-Qaeda in the Arabian Peninsula], presents a full-page collage depicting varied images…in order to construct an explosive device,” reads Carbaugh’s affidavit

Among these images are a derailed passenger train and a partly covered note paper listing cities in the [U.S.] as well as the terms ‘Dakota’ and ‘Train crude oil.’” 

Carbaugh also cited Osama bin Laden, the late Al-Qaeda international ring-leader, in his affidavit.

Among the materials seized in the May 1, 2011, raid on Osama bin Laden’s compound in Abbottabad, Pakistan, were notes indicating interest in ‘tipping’ or ‘toppling’ trains — that is causing their derailment,” Carbaugh wrote.

Osama Bin Laden Compound Diagram; Image Credit: Wikimedia Commons

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Fox Guarding Henhouse: Oil-By-Rail Standards Led by American Petroleum Institute

How did it get missed for the last ten years?”

That was the question Deborah Hersman, chair of the National Transportation Safety Board (NTSB), posed to a panel of industry representatives back in April about how the rail industry had missed the fact that Bakken oil is more explosive than traditional crude oil.

How do we move to an environment where commodities are classified in the right containers from the get go and not just put in until we figure out that there’s a problem,” Hersman asked during the two-day forum on transportation of crude oil and ethanol. “Is there a process for that?”

The first panelist to respond was Robert Fronczak, assistant vice president of environmental and hazardous materials for the Association of American Railroads (AAR). His response was telling.

We’ve know about this long before Lac-Megantic and that is why we initiated the tank car committee activity and passed CPC-1232 in 2011,” Fronczak replied, “To ask why the standards are the way they are, you’d have to ask DOT that.”

So, now as the new oil-by-rail safety regulations have been sent from the Department of Transportation (DOT) to the White House’s Office of Information and Regulatory Affairs, it seems like a good time to review Hersman’s questions.

How did we miss this? Is there a process to properly classify commodities for the right container before they are ever shipped? 

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Industry Data Show Oil-By-Rail in North America at Record Levels

On July 3, the Association of American Railroads (AAR) released June 2014 data showing oil-by-rail and petroleum products at-large are moving at record levels throughout North America

The release of the data comes on the heels of the ongoing oil-by-rail nationwide week of action launched by environmental groups.

For the 26th week of 2014 (the half year point) in the U.S., 18.5% more tank cars were on the tracks carrying petroleum and/or petroleum products than last year, a total of 15,894 cars.

Examined on a year-to-date basis, 7.0% more of those same tank cars were on the tracks in the U.S. this year than last, totaling 380,961 cars to date.

Table Credit: Association of American Railroads 

Across the border in Canada, the same trend lines exist: for the 26th week of 2014, 6.9% more cars moved petroleum and/or petroleum products by rail than in the 26th week of 2013.

Looked at in terms of year-to-date compared to 2013, that totals a 7.7% increase in tank cars moving the commodity by rail. 

Table Credit: Association of American Railroads

Bomb trains,” as some critics call them, move oil obtained from hydraulic fracturing (“fracking”) in North Dakota's Bakken Shale basin to terminals, holding facilities and markets both in the U.S. and Canada.

Hence the upsurge in unit cars carrying petroleum and/or petroleum products both north and south of the border.

Looked at through the lens of North America, 14.6% more tank cars carried petroleum and/or petroleum products during the 26th week of 2014 compared to the same time in 2013.

And 7.0% more of those tank cars have moved petroleum and/or petroleum products to market so far this year as compared to last year. 

Table Credit: Association of American Railroads

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White House Meeting Logs: Big Rail Lobbying Against "Bomb Train" Regulations It Publicly Touts

Lynchburg, Virginia Oil Train Explosion

The Obama White House Office of Information and Regulatory Affairs (OIRA) has held the majority of its meetings on the proposed federal oil-by-rail safety regulations with oil and gas industry lobbyists and representatives.

But OIRA meeting logs reviewed by DeSmogBlog reveal that on June 10, the American Association of Railroads (AAR) and many of its dues-paying members also had a chance to convene with OIRA

Big Rail has talked a big game to the public about its desire for increased safety measures for its trains carrying oil obtained via hydraulic fracturing (“fracking”) in the Bakken Shale. What happens behind closed doors, the meeting logs show, tells another story. 

At the June 12-13 Railway Age Oil-by-Rail Conference, just two days after rail industry representatives met with OIRA, American Association of Railroads President Edward Hamberg, former assistant secretary for governmental affairs at the U.S. Department of Transportation (DOT), made the case for safety. 

“Railroads believe that federal tank car standards should be raised to ensure crude oil and other flammable liquids are moving in the safest car possible based on the product they are moving,” said Hamberg.

The industry also wants the existing crude oil fleet upgraded through retrofits or older cars to be phased out as quickly as possible.”

Yet despite public declarations along these lines, proactive safety measures were off the table for all four of Big Rail's presentations to OIRA.  

Though private discussions, the documents made public from the meeting show one consistent message from the rail industry: safety costs big bucks. And these are bucks industry is going to fight against having to spend.

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